Kevin Ollie accuses UConn of violating his right to due process with firing

Ollie's lawyers have sent UConn President Susan Herbst a letter accusing the school of violating his constitutional rights by firing him for "just cause" before giving him an opportunity to contest the decision. The letter, dated April 3 from the New London-based firm of Madsen, Prestley & Parenteau, reads, in part:

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"From our review of the facts and circumstances relating to Coach Ollie's employment status, it is apparent that the University of Connecticut has already violated his rights under the Fourteenth Amendment to the United States Constitution by subverting Coach Ollie's opportunity to respond to charges and evidence in a meaningful way in advance of the decision to terminate his employment. The public record, action taken, and authorized communications by representatives of the University of Connecticut, demonstrate that the decision to terminate Coach Ollie has already been made and therefore the University of Connecticut has effectively negated Coach Ollie's property right protected by the Fourteenth Amendment to the United States Constitution."

The Courant obtained the five-page letter Wednesday through a Freedom Of Information Act request. The school declined to comment. "The university doesn't publicly comment on personnel matters," spokeswoman Stephanie Reitz wrote in an email.

The next step in Ollie's appeal process is a hearing with Herbst.

Kevin Ollie is fighting back after UConn fired him last month as men's basketball coach. (Jessica Hill/AP)

The letter cites the Supreme Court's 1985 decision on Cleveland Board of Education v. Loudermill as establishing "the right to prior notice and the right to be heard in advance of the deprivation of property rights."

At stake is the more than $10 million in compensation remaining on Ollie's contract as coach of the men's basketball team, which runs through 2021. After back-to-back losing seasons, Ollie was fired March 10. The school cited an ongoing NCAA inquiry into the program to "initiate disciplinary procedures to terminate Ollie's employment for "just cause."

In January, it was learned the NCAA had begun an inquiry into the program's recruiting practices. Later, it was learned there were possible impermissible summer workouts. However, the NCAA has not announced its findings or sanctions.

Under the collective bargaining agreement in which Ollie, as a member of the American Association of University Professors, is a part, and the terms of his own contract, Ollie's lawyers contend he was entitled to a letter outlining the reasons for firing him before the public announcement, which he did not receive, and thus the right of a due process was violated. The letter asserts that UConn had decided to fire Ollie "regardless of whether there is just cause to do so."

Dan Hurley has taken over as head coach. (Keith Srakocic/AP)

On the evening he was fired, Ollie put out a statement saying he intended to fight the decision to defend his reputation. He received a hearing with AD David Benedict last week, in which he appealed the decision, and Benedict maintained the school's position of termination with cause.

The next step is a hearing to appeal to Herbst. After that, Ollie can take the case to arbitration. If an arbitrator rules in UConn's favor, Ollie could file a lawsuit based on what is spelled out in the letter.

UConn hired Dan Hurley as coach on March 22. In the meantime, Ollie is technically suspended with pay as the appeal process slowly moves on.

"UConn has completely cast aside the protections underlying the Loudermill hearing process," the letter states. "In order to satisfy an agenda that proves termination of Coach Ollie's employment is not for the reason stated in order to avoid paying him what he is due under the terms of a lawful contract, contrary to the University's past practice."